147 Ind. 498 | Ind. | 1897
The appellants sued the appellees to review a judgment. The circuit court sustained a demurrer to the complaint for review. This ruling is assigned as the only error complained of. The complaint to review is accompanied by what purports to be a transcript of the proceedings and judgment sought to be reviewed. The errors alleged to have been committed in that proceeding, leading to the judgment to be reviewed, are thus stated in the complaint for review: 1, “The conrt erred in permitting the defendant, Florence E. Stephenson, to testify as a
There is in the transcript accompanying'the complaint to review, what purports to be a bill of exceptions, purporting to contain at least a part of the evidence, and especially the testimony of Florence E. Stephenson and the objection to the admission thereof and the court’s ruling thereon. But it appears from such bill of exceptions that the trial- took place at the September term for 1891, on the 13th judicial day of said term, which was the 17th day of September of that year. The bill of exceptions was not filed in the clerk’s office until the 18th day of November, 1895, if the record even shows it was filed then. The record of that proceeding nowhere shows that time was given beyond the term in which to file such bill of excep
Therefore, the alleged error does not appear in the record of the proceedings and judgment sought to be reviewed, and for that reason, if not for others, the complaint to review did not state facts sufficient to constitute a cause of action, hence the trial court did not err in sustaining the demurrer to the complaint for review.
Judgment affirmed.